Ending the Denial of Legal Capacity of Persons with Disabilities in Montenegro

Area of intervention 

This project aims to eliminate discriminatory laws and practices that deny legal capacity based on disability in Montenegro. By aligning legislation with international human rights standards, building professional and family understanding of disability and gender equality, and developing inclusive, community-based supported decision-making services, persons with disabilities—especially women with intellectual and psychosocial disabilities—will be empowered to make autonomous decisions and exercise their rights equally.

Partners 

• Ministry of Justice
• Ministry of Human and Minority Rights
• Ministry of Social Welfare, Family Care and Demography
• Organizations of Persons with Disabilities (OPDs)

Key objectives 

This intervention will contribute to a fundamental shift from a medical approach to disability to one that is rights-based. It will empower persons with disabilities, particularly those with psychosocial and intellectual disabilities, who have long been denied their rights. By restoring their legal capacity, they will exercise decision-making authority, receiving the support they are entitled to. This will enable them to contribute meaningfully to their communities. The intervention is expected to foster long-term cultural and institutional changes in attitudes, practices, and approaches among professionals, families, and the broader public towards persons with disabilities who will be recognized for their autonomy and active participation in society.

Major expected results 

The programme aims to drive system-level change in Montenegro by reforming discriminatory legal frameworks and establishing inclusive support systems that uphold the rights of persons with disabilities. It will address harmful practices and significantly reduce cases of legal capacity denial, discrimination and empowering individuals to exercise their human rights. A new supported decision-making service will be designed and piloted to support change. The project will develop a scalable model that enables persons with disabilities—particularly those with intellectual and psychosocial disabilities—to access structured, sustainable support for autonomous decision-making.

The intervention will achieve the following:

• Propose legal amendments and reform practices to abolish the deprivation of legal capacity based solely on disability;
• Design a system of supported decision-making services and pilot one inclusive, community-based service;
• Strengthen the capacity and shift attitudes of decision-makers, judiciary, and social protection professionals from a medical or charity-based model to a rights-based approach aligned with international standards.
   

Target groups 

The intervention’s main beneficiaries are persons with intellectual and psychosocial disabilities.
 

Implementing status 

The initiative is currently in its initiation phase. A successful kick-off meeting was held with key partners, marking the start of collaborative efforts. Next, an expert group will be formed to guide and monitor the implementation of legal and policy reforms, ensuring alignment with international human rights standards.

Contribution to EU Accession 

This intervention directly supports Montenegro’s EU accession by advancing key benchmarks under Chapter 23 of the EU Acquis. It promotes the implementation of a deinstitutionalisation strategy for persons with disabilities, strengthens the country’s track record on non-discrimination, and ensures effective enforcement of rights under the European Convention on Human Rights (ECHR). These rights closely align with Montenegro’s obligations under the CRPD. Deinstitutionalisation is also a priority in the Government’s Reform Agenda under the EU Growth Plan. The European Commission’s recent reports (2023, 2024) highlight Montenegro’s lack of progress in reforming guardianship and substituted decision-making, reinforcing the urgency of this initiative.
 

Project brief description

This programme promotes system-level change in Montenegro by supporting changes of discriminatory law provisions, designing and piloting a supported decision-making service. It aims to end legal capacity denial and empower persons with disabilities—especially those with intellectual and psychosocial disabilities—to make decisions on an equal basis through sustainable support. A scalable model will ensure long-term impact and inclusion.
 

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